The Lagos State Government has urged an Ikeja High Court to discountenance the no-case submission plea filed by a couple, Fortune and Stephen Nwankwo, over the death of their maid, Ms Joy Adole, in their Bariga, Lagos home.
Opposing the No-Case application by Prof Paul Ananaba (SAN), counsel to the defendants, lead state prosecutor, Mr Yusuf Sule, queried Adole’s demise arguing that circumstantial evidences by the prosecution is enough to prove the culpability of the couple.
Mr and Mrs Nwankwo are facing a four- count charge of conspiracy, involuntary manslaughter and accessory after the fact to murder over Adole’s death.
In his submission, the state counsel stated, “the deceased stays with the defendants and the two defendants are the elders in the house.
“The medical report did not state that deceased did not die from being hung from the ceiling. It stated that because the body had been embalmed, a cause of death was not certain.
“However, the same medical report said that she did not die of suicide,” Sule said.
The prosecutor submitted that the Supreme Court has decided that in instances where medical reports have not been provided, a cause of death can be proved from circumstantial evidence.
He urged the trial court to focus on whether there are little questions that need answers regarding the death of the deceased.
“Who were the last people to see the deceased? We urge the court to discountenance the no-case submission of the defendants and ask them to open their defence.
“They have to tell this court what happened to the deceased, why was she hung when the medical report did not state she committed suicide?
“The picture tendered as evidence shows that her legs were on the ground meaning that she could not have committed suicide and still be on the ground.
“The medical report also states there were no injuries on her neck to prove that she committed suicide. All these things need answers which they have not provided,” Sule argued.
Addressing the court earlier, the defence counsel, Prof Paul Ananaba (SAN), said that the Directorate of Public Prosecution’s advice in the case stated that no case of murder had been established.
Ananaba accused the state of presenting hearsay evidence in their case against the couple.
“The state went ahead and brought charges of manslaughter. The prosecution kept filing gaps in their evidence.
“What the prosecution have been giving has been hearsay. The prosecution began to rewrite the law contrary to express constitutional provisions and Supreme Court decisions.
“Until the prosecution has been able to prove the offences they brought them to court for, then we will respond.
“I urge your lordship to uphold this no-case submission,” Ananaba said.
The Nwankwos are accused of killing 19-year-old Adole on April 20, 2020 at their residence located at No. 18, Ogundola St., Bariga, Lagos.
The Nwankwos deny the manslaughter of Adole. They claim that she committed suicide by hanging herself in her bedroom.
Meanwhile, Justice Oyindamola Ogala has adjourned the case till November 24 to deliver ruling on the no-case submission.
